News / National
Mugabe's business dragged to court
29 Mar 2019 at 06:13hrs | Views
Former President Robert Mugabe's family business, Gushungo Holdings (Pvt) Ltd, has been dragged to court by two Mazowe miners, who are seeking an order to reinstate their dismissed land dispute with the former Head of State.
The gold miners, Shepherd Nyazvigo, who is represented by Phillip Makanya in the matter together with his co-applicant, Bright Mawonga, recently filed a court application, seeking rescission of a default judgment granted against them in November last year.
"In this application, the applicants (Makanya and Mawonga) are seeking an order to set aside the dismissal of their application which was done in default on November 12, 2018 and reinstatement of the terms of the provisional order," Makanya said in his founding affidavit.
According to the court papers, Makanya got embroiled in a dispute with Gushungo Holdings after the latter, through its employees, barred them from accessing the mining claims at Mondo 3 and 4 in Smithfield Farm in Mazowe.
At that time Mugabe's firm was claiming ownership of the farm where the mining claims are located, hence it was barring the two miners from accessing and operating on their mining claims.
However, on April 24, 2018, the two miners were granted a provisional order by the High Court, in terms of which Gushungo Holdings was barred from interfering with the two men's mining operations pending the finalisation of the dispute.
But, seven months down the line, Makanya and Mawonga did not pursue their matter, prompting Gushungo Holdings to approach the court seeking dismissal of the miners' application and it was granted in default.
"The application was then dismissed in default of the applicants on November 12, 2018. I submit that the applicants were never served with the set down date, hence they were not aware of the hearing date," Makanya said.
"It is the applicant's intention to pursue their application so that the final order can be confirmed. The applicants, as the holders of the rights and title to the said blocks of mine, have the right to mine on their blocks of mine without any interference from anyone including the respondent (Gushungo Holdings).
The matter is pending.
The gold miners, Shepherd Nyazvigo, who is represented by Phillip Makanya in the matter together with his co-applicant, Bright Mawonga, recently filed a court application, seeking rescission of a default judgment granted against them in November last year.
"In this application, the applicants (Makanya and Mawonga) are seeking an order to set aside the dismissal of their application which was done in default on November 12, 2018 and reinstatement of the terms of the provisional order," Makanya said in his founding affidavit.
According to the court papers, Makanya got embroiled in a dispute with Gushungo Holdings after the latter, through its employees, barred them from accessing the mining claims at Mondo 3 and 4 in Smithfield Farm in Mazowe.
At that time Mugabe's firm was claiming ownership of the farm where the mining claims are located, hence it was barring the two miners from accessing and operating on their mining claims.
But, seven months down the line, Makanya and Mawonga did not pursue their matter, prompting Gushungo Holdings to approach the court seeking dismissal of the miners' application and it was granted in default.
"The application was then dismissed in default of the applicants on November 12, 2018. I submit that the applicants were never served with the set down date, hence they were not aware of the hearing date," Makanya said.
"It is the applicant's intention to pursue their application so that the final order can be confirmed. The applicants, as the holders of the rights and title to the said blocks of mine, have the right to mine on their blocks of mine without any interference from anyone including the respondent (Gushungo Holdings).
The matter is pending.
Source - newsday
